It is the purpose of this chapter to establish minimum stormwater
management requirements and controls to accomplish, among others,
the following objectives:
A. To regulate the contribution of pollutants to the stormwater drainage
system and water bodies by stormwater discharges by any user.
B. To prohibit illicit discharges and connections to the stormwater
drainage system and water bodies.
C. To establish legal authority to carry out all inspection, surveillance,
and monitoring procedures necessary to ensure compliance with this
chapter.
D. To provide appropriate remedies for failure to comply with this chapter.
This chapter shall apply to all discharges entering the stormwater
drainage system and water bodies generated on any developed and undeveloped
lands.
For the purpose of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this section,
unless the context in which they are used specifically indicates otherwise:
AUTHORIZED ENFORCEMENT AGENCY
The Village Manager and/or any persons or agencies designated
to act as the authorized enforcement agency by the Village Manager.
BEST MANAGEMENT PRACTICES (BMPs)
Structural devices or nonstructural practices that are designed
to prevent pollutants from entering stormwater flows, to direct the
flow of stormwater, or to treat polluted stormwater flows. BMPs may
include, but shall not be limited to, those described in the Michigan
Department of Environmental Quality Guidebook of BMPs for Michigan
watersheds. Equivalent practices and design criteria that accomplish
the purposes of this chapter (including, but not limited to, minimizing
stormwater runoff and preventing the discharge of pollutants into
stormwater) shall be as determined by the Village Manager.
CLEAN WATER ACT
The Federal Water Pollution Control Act, 33 U.S.C. § 1251
et seq., as amended, and the applicable regulations promulgated thereunder.
DISCHARGE
The introduction (intentionally or unintentionally, and directly
or indirectly) of any liquid, substance, pollutant, or other material
into a stormwater drainage system or water body.
DISCHARGER
Any person who directly or indirectly discharges stormwater
from any premises. "Discharger" also includes any employee, officer,
director, partner, contractor, or other person who participates in,
or is legally or factually responsible for, any act or omission that
is, or results in, a violation of this chapter.
DRAIN
Any and all conduits, facilities, measures, areas, and structures
that serve to convey, catch, hold, filter, store, and/or receive stormwater
or groundwater, either on a temporary or permanent basis.
DRAINAGE
The collection, conveyance, or discharge of groundwater and/or
surface water.
EPA
The United States Environmental Protection Agency (EPA).
FLOODPLAIN
The area, usually lowlands, adjoining the channel of a river,
stream, or watercourse or lake, or other body of standing water, that
has been or may be covered by floodwater.
HAZARDOUS MATERIALS
Any solid, liquid, semisolid, or gaseous substance or material
that because of its quantity, quality, concentration, or physical,
chemical, or infectious characteristics may cause or significantly
contribute to an increase in mortality or an increase in serious irreversible
illness or serious incapacitating but reversible illness, or may pose
a substantial present or potential hazard to human health or the environment
if improperly treated, stored, transported, disposed of, or otherwise
managed.
ILLICIT CONNECTION
Any method, means, or conduit for conveying an illicit discharge
into a water body or a stormwater drainage system.
ILLICIT DISCHARGE
Any discharge to a water body or a stormwater drainage system
that does not consist entirely of stormwater, that is not authorized
by the terms of an NPDES permit, or that is not an authorized discharge
as defined by this chapter.
MDEQ
Michigan Department of Environmental Quality.
NONSTORMWATER DISCHARGE
Any discharge to the stormwater drainage system or a water
body that is not composed entirely of stormwater.
PERSON
An individual, firm, partnership, association, public or
private corporation, public agency, instrumentality, or any other
legal entity.
POLLUTANT
Includes, but is not limited to, the following: any dredged
spoil, solid waste, vehicle fluids, yard wastes, animal wastes, agricultural
waste products, sediment, incinerator residue, sewage, garbage, sewage
sludge, munitions, chemical wastes, biological wastes, radioactive
materials, hazardous materials, wrecked or discharged equipment, rock,
sand, cellar dirt, and industrial, municipal, commercial, and agricultural
waste, or any other contaminant or other substance defined as a pollutant
under the Clean Water Act. "Pollutant" also includes properties or
characteristics of water, including, but not limited to pH, heat,
TSS, turbidity, color, BOD, COD, toxicity, and odor.
PREMISES
Any building, structure, lot, parcel of land, or portion
of land, or property, whether improved or unimproved, including adjacent
sidewalks and parking strips.
PROPERTY OWNER
Any person having legal title, or holding equitable title
as recorded at the Ottawa County Register of Deeds, or any person
having or exercising care, custody, or control over any premises.
STORMWATER DRAINAGE SYSTEM
Storm sewers, conduits, curbs, gutters, catch basins, drains,
ditches, pumping devices, parking lots, roads, or other man-made channels
that are designed or used, singly or together in combination with
one another, for collection or conveying stormwater.
STORMWATER POLLUTION PREVENTION PLAN
A document, that describes the BMPs and activities to be
implemented by a person or business to identify sources of pollution
or contamination at a site and the actions to eliminate or reduce
pollutant discharges to stormwater, a stormwater drainage system,
and/or a water body to the maximum extent practicable.
TOXIC MATERIAL
Any pollutant or combination of pollutants that is or can
potentially be harmful to the public health or the environment, including,
without limitation, those listed in 40 CFR 401.15 as toxic under the
provisions of the Clean Water Act, or listed in the Critical Materials
Register promulgated by the Michigan Department of Environmental Quality,
or as otherwise provided by local, state, or federal laws, rules or
regulations.
WASTEWATER
Any water or other liquid, other than uncontaminated stormwater,
discharged from a premises. The term includes any water that has in
any way been used and degraded or physically or chemically altered.
WATER BODY
A river, lake, stream, creek, or other watercourse or wetlands.
Words and phrases in this chapter shall be construed according to their common and accepted meanings, except those words and phrases defined in §
313-5 shall be construed according to the respective definitions given in that section. Technical words and technical phrases not defined in this chapter, but which have acquired particular meanings in law or in technical usage, shall be construed according to such meanings.